ILLINOIS POLLUTION CONTROL BOARD

October 10, 1991

I.C.I. ANERICAS INC.,

Petitioner,

v

)

PCB 91—186

)

(Provisional Variance)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J.C. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated October 8, 1991 which has a incorrect

paragraph 3 and an amended Agency Recommendation dated October 9,

1991 with incorrect paragraphs 1 and 2. The Board is relying on

the correct paragraphs, as indicated by the Agency, from both

filings. The recommendation states that the Petitioner is a small

quantity generator as defined by 35 Ill. Adm. Code 722.134(d). The

recommendation refers to a request from Petitioner, for a 30-day

provisional variance from the 180—day limitation on the storage of

hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(f), for

the period from October 10, 1991 to November 9, 1991.

Upon receipt of the request, the Agency issued its

recommendation, finding that due to unforeseen, temporary and

uncontrollable circumstances, failure to grant the requested 30—

day provisional variance would impose an arbitrary or unreasonable

hardship on Petitioner.

The responsibilities of the Agency and the Board in these

short—term provisional variances are different from the

responsibilities in standard variances. ~ Ill. Rev. Stat. 1989,

ch. 111½, pars. 1035(b) & (c). In provisional variances it is the

responsibility of the Agency to make the technical determinations

and finding of arbitrary or unreasonable hardship. The Board’s

responsibility is to adopt a formal Order, to assure the formal

maintenance of the record, to assure the enforceability of the

variance, and to provide notification of the action by a press

release.

Having received the Agency recommendation finding that a

denial of the requested relief would impose an arbitrary and

unreasonable hardship, the Board hereby grants Petitioner a

provisional variance from 35 Ill. Adin. Code 722.134(f) from October

10, 1991 to November 9, 1991.

12

6—5

0 1

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IT IS SO ORDERED.

Board Members 3. D. Dumelle and B. Forcade concurred.

I, Dorothy N. Gunn, Clerk of the I1lin~:sPollution Control

Board, do hereby certify~t~t•the above Order was adopted on the

//~

day of _____________________________, 1991, by a vote of

7—c

Control Board

126—502